Insurance & ERISA Litigation Blog
Insurers Cannot Deny California ERISA Accidental Death Claims Based on a Policy’s Intoxication Exclusion That is More Broad Than the Language of the California Insurance Code
If you have life insurance providing for Accidental Death and Dismemberment (AD&D) benefits, your policy includes various exclusions which, if any apply, may allow the insurer to avoid paying you…
Ninth Circuit Appeal Court Finds ERISA Disability Claimant Achieved “Some Success on the Merits” Under Hardt Where the District Court Remanded His Disability Claim to the Insurer Due To Deficiencies in the Initial Claims Review Process
The Ninth Circuit has recently joined the majority of federal courts in adopting the rule that if a claimant is able to convince a federal court to rule that an insurer’s…
Eighth Circuit Finds Insurer Breached Its Fiduciary Duty to Claimant by Denying Coverage Where the Insurer Collected Premiums From the Claimant Without Sufficiently Determining Whether the Claimant Was Required To Provide Evidence of Insurability
A recent trend of lawsuits has involved Insurers who seek to avoid paying out life insurance or disability insurance benefits even though they have collected premiums on the policy, because…
Beware The Pitfalls and Unforeseen Ways That Your Disability Benefits Can Be Impacted By Offsets
Suppose some unforeseen event leaves you unable to continue working. If you have insurance covering short-term disability, long-term disability, or both, you will be eligible to receive benefits determined by…
Fourth Circuit Appeals Court Finds Insurer Abused Its Discretion by Denying ERISA Health Insurance Benefits Where the Insurer Denied Her Claim as “Not Medically Necessary” Despite Failing to Review Critical Evidence of Medical Necessity
It should not surprise anyone that health insurance companies are motivated and incentivized to deny coverage of costly surgical procedures. Most insurers deny health insurance claims by claiming that a…
What Happens If My ERISA Claim Was Denied?
What Happens If My Employee Benefit Claim Was Denied? At McKennon Law Group, our attorneys work alongside beneficiaries with unions or employer-supplied life insurance policies that involve issues laid out…
For What Reasons May ERISA Disability Claims Be Denied?
The long-term disability coverage that your employer has been providing may not be there when you need it. That is why, even before you file your disability claim, you should…
The Basics of an ERISA Life, Health and Disability Insurance Claim – Part Seventeen: When Does ERISA Apply?
In this several-part blog series titled The Basics of an ERISA Life, Health and Disability Insurance Claim, we discuss the basics of an ERISA life, health, accidental death & dismemberment…
Why Was My ERISA Disability Claim Denied? – McKennon Law Group PC
What Is ERISA? Were your ERISA disability benefits denied in California? An attorney can help. Most of the life, health and disability policies issued through employers in the United States…
What Damages Can Be Recovered With an Insurance Bad Faith Lawsuit?
In California, if an insurance company is not handling your claim in good faith, what are your rights? What steps can you take? Can or should you sue the insurance…
